Akash Kumar @ Akash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35027 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -IMAMGANJ District- GAYA ====================================================== Akash Kumar @ Akash Choudhary Son of Bishnu Choudhary Resident of village Gewalganj, P.S. - Imamganj, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code.

It is alleged that the petitioner was engaged in committing theft of motorcycle and selling them. Though, nothing was recovered from the possession of the petitioner but it is alleged that at earlier point of time suspected stolen motorcycle was recovered from the petitioner. It is submitted by learned counsel for the petitioner that never any motorcycle was recovered from the petitioner.

Patna High Court Cr.Misc. No.35027 of 2015 (2) dt.18-08-2015 2/2 A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail provisionally for three months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati, District - Gaya in connection with Imamganj P.S. Case No. 58 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail will be confirmed by the learned court below if it is found that the petitioner was not involved at earlier point of time in committing theft of the motorcycle nor any recovery was made from his possession. (Dinesh Kumar Singh, J) DKS/- U T